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🔆Political party to be booked for money laundering
📍Why in news?
✅ The Enforcement Directorate (ED) has informed the Delhi high court that it will name the Aam Aadmi Party (AAP) an accused in the ongoing money laundering investigation related to alleged irregularities in the Delhi excise policy scam.
✅ED said that it is planning to invoke Section 70 of the Prevention of Money Laundering Act to probe the role of AAP in this regard. Main allegation of the ED is that AAP was the recipient of the proceeds of crime in the excise scam.
📍Prevention of Money Laundering Act (PMLA), 2002
✅Sec 3 of the Act defines offence of money laundering as –
whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence.
📍Laws under which a political party can be booked for money laundering
✅Section 70 of the PMLA, 2002
🔰It states that if a company commits a contravention of any provision of the Act, every person who was in charge of the company's business at the time of the contravention is also liable.
🔰The proviso to Section 70 states that the person in charge of the company's business can defend themselves by proving that the contravention took place without their knowledge or despite all due diligence.
📍Is political party a company?
🔰The political party is not a ‘company’ incorporated under the Companies Act 2013.
🔰However, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
🔰Explanation 1[1] --For the purposes of this section (i.e., Section 70 of PMLA) says that company means any body corporate and includes a firm or other association of individuals.
🔰The phrase ‘association of individuals’ can include political parties.
🔰A party, according to Section 29A of the Representation of the People Act (RPA), is any association or body of individual citizens of India registered with the EC and calling itself a political party.
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📍Why in news?
✅ The Enforcement Directorate (ED) has informed the Delhi high court that it will name the Aam Aadmi Party (AAP) an accused in the ongoing money laundering investigation related to alleged irregularities in the Delhi excise policy scam.
✅ED said that it is planning to invoke Section 70 of the Prevention of Money Laundering Act to probe the role of AAP in this regard. Main allegation of the ED is that AAP was the recipient of the proceeds of crime in the excise scam.
📍Prevention of Money Laundering Act (PMLA), 2002
✅Sec 3 of the Act defines offence of money laundering as –
whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence.
📍Laws under which a political party can be booked for money laundering
✅Section 70 of the PMLA, 2002
🔰It states that if a company commits a contravention of any provision of the Act, every person who was in charge of the company's business at the time of the contravention is also liable.
🔰The proviso to Section 70 states that the person in charge of the company's business can defend themselves by proving that the contravention took place without their knowledge or despite all due diligence.
📍Is political party a company?
🔰The political party is not a ‘company’ incorporated under the Companies Act 2013.
🔰However, the provision of PMLA under Section 70 has crucial explanation that could bring political party under the ambit of the anti-money laundering law.
🔰Explanation 1[1] --For the purposes of this section (i.e., Section 70 of PMLA) says that company means any body corporate and includes a firm or other association of individuals.
🔰The phrase ‘association of individuals’ can include political parties.
🔰A party, according to Section 29A of the Representation of the People Act (RPA), is any association or body of individual citizens of India registered with the EC and calling itself a political party.
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Join us @Law4CivilServices
Join us @Law_Books_Store
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Forwarded from Indian Judicial Services
🔆Constitutional Basis for Reservation:
The Constitution of India provides for reservation in various forms, including articles
✅Article 15(4)
✅Article 16(4)
✅Article 16(4A)
✅Article 16(4B)
✅Article 39A
✅Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
✅Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
✅Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
✅Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the “creamy layer” (more affluent members) of OBCs from reservation benefits.
✅Janhit Abhiyan Case (2022): The Supreme Court upheld the constitutional validity of the 10% reservation for Economically Weaker Sections (EWS), recognizing economic criteria as a basis for reservation.
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The Constitution of India provides for reservation in various forms, including articles
✅Article 15(4)
✅Article 16(4)
✅Article 16(4A)
✅Article 16(4B)
✅Article 39A
✅Article 243D Reservation for SCs/STs and Women in Panchayati Raj Institutions
✅Article 243T Reservation for SCs/STs and Women in Urban Local Bodies
✅Article 330 and Article 332
Reservation of seats for the SCs and the STs in the Parliament and in the State Legislative Assemblies respectively
✅Indra Sawhney Case (1992): The Supreme Court upheld 27% reservation for OBCs and maintained a total reservation cap at 50%, excluding the “creamy layer” (more affluent members) of OBCs from reservation benefits.
✅Janhit Abhiyan Case (2022): The Supreme Court upheld the constitutional validity of the 10% reservation for Economically Weaker Sections (EWS), recognizing economic criteria as a basis for reservation.
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@Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
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Forwarded from Indian Judiciary Preparation PCS J
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8th Schedule
✅ The 8th Schedule of the Indian Constitution consists of 22 languages.
✅ Of these languages, 14 were initially included in the Constitution.
✅ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
✅ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
✅ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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✅ The 8th Schedule of the Indian Constitution consists of 22 languages.
✅ Of these languages, 14 were initially included in the Constitution.
✅ Sindhi language was added in 1967 while Konkani, Manipuri and Nepali were included in 1992.
✅ Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.
✅ English and Rajasthani are not among the 22 languages in the 8th Schedule.
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@Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
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